Can I sue my chiropractor or my current attorney if my condition has worsened?
I was rear-ended last year and followed my attorney’s advice. I didn’t have insurance so was treated through LOP (Lean of Payment. He sent me to a chiropractor, where I had treatment 3 times a week. I went to the emergency room a week after the accident with dizziness and loss of feelings in my hands. They did a CT scan and said that I was fine but had spinal stenosis. I continued to go to the chiropractor as per attorney and my symptoms worsened. The chiropractor repeatedly recommended an MRI. But the attorney office wouldn’t approve it because I had the CT scan. Now even after surgery on my neck. I suffer nerve damage in my hands and hyperreflexia (involuntary movements in my legs) could this have been prevented? Who is at fault here? Chiropractor? Attorney? I did as I was told and currently still undergoing treatments.
Answered By: Sargent Law Firm
From review of the facts of your case you may not have a valid case for malpractice against your attorney. I exclusively represent injured victims in personal injury cases and many times my clients symptoms do not resolve even after surgery. Sometimes your prognosis may not be a full recovery. As for your chiropractor, you would have to prove that his treatment fell below the standard of care to sure him for malpractice. These cases are very difficult. If you were rear ended, the at fault driver is responsible to compensate you for all of your injuries including your continued nerve damage and hyperreflexia.
Answer Applies to: California
Replied: 9/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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